* Section 991.11, Wisconsin Statutes 1999-00 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].

Historically, a person named in a will to administer the decedent's estate was denominated the executor and issued letters testamentary. If a person died without a will, the court appointed an administrator and issued letters of administration. In certain special cases in which no executor or administrator was appointed, persons denominated by various titles were granted authority to administer a decedent's estate or to take certain actions regarding the estate. Chapter 300 of the Laws of 1953 introduced the term "personal representative" into the probate code and included the following definition:

"Personal representative" includes executor, administrator, special administrator, administrator de bonis non, administrator with will annexed, ancillary administrator and public administrator, when the latter is administering an estate, but does not include guardian or trustee.

Chapter 300 of the Laws of 1953 used the term "personal representative" in several new and substantially amended statutes in the probate code but did not otherwise replace the previously used statutory terminology either within the probate code or in other statutes.

Chapter 339 of the Laws of 1969 completely revised and renumbered the probate code. The terms "administrator" and "letters of administration" were eliminated from the probate code and the term "executor" was replaced except in chs. 856 and 879, where it was (and still is) used to refer to the person named in a will to administer the estate prior to court authorization. Under the revised probate code, a person authorized by a court to administer an estate, whether or not nominated by will, except in very limited circumstances, was denominated as a "personal representative," defined in s. 851.23 as follows:

"Personal representative" means any person to whom letters to administer a decedent's estate have been granted by the court, but does not include a special administrator.

Neither Chapter 339 of the Laws of 1969 nor 1997 Wisconsin Act 188, which made major changes to the probate code, made any changes to conform the terminology used in statutes outside of the probate code with that used in the probate code. As a result, throughout the statutes, there are many references to "executors and administrators" rather than "personal representatives," many of which predate the 1953 introduction of the term "personal representative" into the probate code.

This bill revises the terminology outside of the probate code regarding persons administrating the estates of decedents for conformity with terminology used in the probate code by replacing "executors and administrators" with "personal representatives." A definition of "personal representative" as "a person, however denominated, who is authorized to administer a decedent's estate," applicable to all statutes except the probate code, is added to s. 990.01. The use of "executor" in chs. 856 and 879 is eliminated and replaced with the phrase "person named in the will to act as personal representative." References to letters authorizing administration of an estate are changed to "letters testamentary or other letters authorizing the administration of the decedent's estate."

This bill, under s. 13.93 (1) (b), also renumbers ch. 777, currently titled "Actions By and Against Executors, Administrators, Heirs and Legatees," to ch. 877 to locate it within the probate code with all other statutes that relate directly to the administration of the estates of decedents.

Throughout the bill other revisions are made to modernize language and structure for the purpose of adding specific references, improving readability, and increasing conformity of the affected provisions with current style. The subdivision of long provisions and sentences into smaller numbered units is especially emphasized. In accordance with a change in drafting style, commas are added before the last item in a series. The term "which" is replaced with "that" where grammatically correct. Specific changes are explained in notes inserted by the Revisor throughout the bill.

No substantive change to any affected statute is intended to be made by this bill.

102,1Section
1. 18.62 of the statutes is renumbered 18.62 (intro.) and amended to read:

18.62Revenue obligations as legal investments. (intro.) Any other provision of law to the contrary notwithstanding, theany of the following may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any revenue obligations issued under this subchapter, which shall be authorized security for all public deposits:

(1) The state, the investment board,
all public officers, municipal corporations, political subdivisions, and public bodies, all banks.

(3) Personal representatives, guardians, trustees, and other fiduciaries, may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any revenue obligations issued under this subchapter. Such revenue obligations shall be authorized security for all public deposits.

Note: Text is reordered to accommodate subdivision of this provision.

102,2Section
2. 24.33 of the statutes is renumbered 24.33 (1) (intro.) and amended to read:

24.33 (1) (intro.) Whenever any land has been so forfeited and resoldThe board, within 3 months
thereafter, upon proofafter a resale under s. 24.32, may by a written recorded order, a copy of which shall be immediately served on the purchaser of the resold land, avoid and cancel the resale and restore and revive the certificate issued to the original purchaser of the land under s. 24.17, after all of the following occur:

(a) Proof is made that there are valuable improvements thereon and that suchon the resold land.

(b) Proof is made that the forfeiture was occasioned by the death of the holder of the first certificate, or the neglect of that person's executor or administrator, and paymentthe first certificate holder's personal representative.

(c) Payment is made to the treasurer ofin the amount actually due on suchthe first certificate at the time of suchthe resale, with interest, costs, and charges, and with interest on the amount for which suchthe land was sold at the rate of 10% per year, the board, by its order in writing, duly recorded, of which a copy shall be forthwith served on the last purchaser, may avoid and cancel such resale and restore and revive such first certificate. Thereafter there.

(2) Upon the surrender of the certificate, receipt, or patent given upon the resale, the purchaser of the resold land shall be paid out of the state treasury to the last purchaser the amount paid by the last purchaser
andat resale, together with the said interest thereon collected of suchfrom the person so redeeming, on surrender of the certificate, receipt or patent given the last purchaser at such resalethe land.

Note: Subdivides provision, reorders text, and inserts cross-references and more specific language for improved readability and conformity with current style.

102,4Section
4. 30.541 (3) (d) 1. a. and b. of the statutes are amended to read:

30.541 (3) (d) 1. a. Evidence satisfactory to the department of the appointment of a trustee in bankruptcy or of the issuance of the letters of administration, letters testamentary or other letters authorizing the administration of a decedent's estate, letters of guardianship, or letters of trust or appointment of a trustee in bankruptcy.

b. Title executed by the administrator, executor
personal representative, guardian, or trustee.

36.29 (2) All gifts, grants, or bequests under sub. (1) may be made to the board, the president, a chancellor, or any officer, or to any person as trustee, or may be charged upon any executorpersonal representative, trustee, heir, devisee, or legatee, or made in any other manner indicating an intention to create a trust, and may be made as well for the benefit of the system or any of its institutions, colleges, schools, departments, or facilities to provide any means of instruction, illustration, or knowledge in connection therewith, or for the benefit of any students or any class or group of students whether by way of scholarship, fellowship, or otherwise, or whether for the benefit of students or any class or group of students in any course, subcourse, special course, postgraduate course, summer school or teachers course, oratorical or debating course, laboratory, shop, lectureship, drill, gymnasium or any other like division or department of study, experiment, research, observation, travel, or mental or physical improvement in any manner connected with the system, or to provide for the voluntary retirement of any of the faculty.

39.32 (6) The board shall satisfy the loan of any student who obtained a loan under this section or under s. 39.023, 1965 stats., between July 1, 1966, and December 15, 1968, where suchif the student
died or dies after July 1, 1966, and before completing repayment thereof
of the loan, and shall write off the balance of principal and interest owing on the loan on the date itthat the board received confirmation of suchthe student's death. Obligation to repay such a loan shall terminate on the date of the student's death and any payments made thereonon the loan to the board after suchthe date
of the student's death shall be refunded to the payor or the payor's heirs, executor or administratorpersonal representative upon receipt by the board of an application for refund.

45.37 (10) (d) A person who at the time of death is a member of the home is a resident of Waupaca County for the probate of the person's will and, issuance of letters testamentary or other letters authorizing the administration of the decedent's estate, and the administration of the estate.

59.35 (2) The coroner shall be responsible for every default or misconduct in office of a deputy coroner during the coroner's term of office, and after the coroner's death, resignation, or removal from office of the coroner, as well as before; and an. An action for any such default or misconduct under this subsection may be prosecuted against the coroner and the sureties on the coroner's official bond or against the executors and administrators of the coronercoroner's personal representative.

66.0823 (13) (a) (intro.) Public officers and agencies of the state, political subdivisions, insurance companies, trust companies, banks, savings banks, savings and loan associations, investment companies, personal representatives, executors, administrators, trustees and other fiduciariesAny of the following may properly and legally invest funds, including capital in their control or belonging to them, in bonds of the authority.:

(b) The authority's bonds are securities that may properly and legally be deposited with and received by any officer or agency of the state or any political subdivision for any purpose for which the deposit of bonds or obligationobligations of the state or any political subdivision is authorized by law.

Note: Subdivides long provision for improved readability and conformity with current style. See the next section of this bill.

102,10Section
10. 66.0823 (13) (a) 1. to 11. of the statutes are created to read:

66.0825 (15) (a) (intro.) All public officers and agencies and political subdivisions of the state and all insurance companies, trust companies, banks, savings banks, savings and loan associations, investment companies, executors, administrators, trustees and other fiduciariesAny of the following may invest funds, including capital in their control or belonging to them, in bonds issued by a company under this section.:

(b) The bonds described in par. (a) may be deposited with and received by any officer or agency of the state or any political subdivision for any purpose for which the deposit of bonds or obligationobligations of the state or any political subdivision is authorized by law.

Note: See the next section of this bill.

102,12Section
12. 66.0825 (15) (a) 1. to 10. of the statutes are created to read:

66.0825 (15) (a) 1. Public officers and agencies and political subdivisions of the state.